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of S.I., Ranvijay Singh (P.W. 2) that on receiving information from Janta Darbar of the District Magistrate, Siwan, and in the light of decision taken for District Administration, he along with A.S.I., Ayodhya Prasad and Arbind Kumar Khan, S.I. Ved Prakash Mahto of Siwan Town police station, S.I. Birendra Kumar, Dy. S.P. (Headquarter), Siwan, Exexcutive Magistrate, District Transport Officer and other officers and jawans of STF proceeded to raid the guest house of the appellant in village - Pratappur and when he reached there, he saw the officers of forest department, in presence of Executive Magistrate, Shri B.K. Jha, were getting the locks of guest house opened. It is also the case of prosecution that during search in presence of witnesses, a bullet proof jacket, four telescopic rifles sight devices, one night vision device, two walky talky, rifle cleaner, forty six cartridges of different bores were recovered from a room situated on the first floor of the guest house. Apart from arms and ammunitions, foreign currency notes of different denominations were also

It further appears that following seized articles were produced in the Court and they are;

M. Ext. - I Night Vision Device M. Ext. - II Telescopic night device M. Ext. - III to III/2 Three telescopic night devices M. Ext. - IV - Bullet Proof Jacket M. Ext. - V to V/1 Two rifle cleaners M. Ext. - VI to VI/1 Two walky talkies M. Ext. - VII to VII/1 Two cartridges of 12 bore M. Ext - VIII to VIII/1 Cartridges of 30.06 bore

24. From the evidence discussed above, it appears that P.W. 2, has supported the prosecution case as stated in the written report

-Patna High Court CR. APP (SJ) No.549 of 2011 dt.18-07-2017 and his evidence finds further support from the evidence of P.W. 1 P.W. 4 and P.W. 5, who are the police witnesses and his evidence finds further support from the evidence of P.W. 3, Shri B.K. Jha and P.W. 7, Mirza Arif Raza and evidence in chief of P.W. 3, clearly shows that during the search articles such as telescopic sight devices, cartridges, foreign currencies bullet proof jacket etc. were recovered and he identified his signature on seizure memo and P.W. 7 has also supported the prosecution case about the search & seizure and stated about the seizure of telescopic sight devices, cartridges, foreign currencies bullet proof jacket etc., and further stated that seizure list was prepared and he identified his signature on seizure list. When attention of P.W. 3, was drawn towards evidence before the Magistrate, during earlier trial, he has stated in para -6 of his cross-examination he has deposed before the Magistrate that on 24.04.2005, he was Deputy Collector Nazarat and was in charge of supply department also and in the morning, he received information through driver of the Collector to come to village Pratappur with refreshment. Further in para -26, he has also stated that on that information, he had gone to village Pratappur at about 10.30 to 11.30 with refreshment and at that time District Magistrate, S.P. and other officials were also present and he stayed

45. Apart from that night vision device, Telescopic night devices were also seized and as per Section 2(e) of the Arms Act, Firearms includes its accessories also. As such those articles also come under the definition of Firearm. Apart from that on perusal of Ext. A to A/6 i.e. the licenses issued in the name of appellant and others, it appears that licenses with respect to DBL Gun, DBL Rifle and pistols were surrendered but licenses with respect to night vision device, telescopic

-Patna High Court CR. APP (SJ) No.549 of 2011 dt.18-07-2017 night device were not surrendered and that also does not include in ext. A to A/6.